Single judge dismissal of a writ petition challenging an order of the Trial Court which adjourned an application under Order 39 Rules 1 & 2 CPC. The High Court found no irregularity to exercise revisional jurisdiction.
Petition dismissed; liberty granted to pass interim orders if defendants fail to file return on the fixed date.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
CR-700-2023 (O&M)
114
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CR-700-2023 (O&M) Date of Decision: 02.02.2023
Om Pati and others
.…Petitioners
Versus
Ram Singh and others
….Respondents
CORAM: HON’BLE MR. JUSTICE ARUN MONGA
Present: Mr. Mani Ram Verma, Advocate
for the petitioners.
ARUN MONGA, J. (ORAL)
Petition herein is for setting aside order dated 16.01.2023 (Annexure P-8) whereby the application moved by the petitioners for taking decision on an application under Order 39 Rules 1 & 2 CPC was adjourned for the date already fixed.
Page 1 of 2
ASHISH 2023.02.17 15:42 I attest to the accuracy and authenticity of this order/judgment
CR-700-2023 (O&M)
filed another application on 16.01.2023 to decide their earlier pending application under Order 39 Rules 1 & 2 CPC on the ground that the respondents had filed execution proceedings. Yet again, vide impugned order, the matter has been simply adjourned to 22.03.2023 and the application under Order 39 Rules 1 & 2 CPC has not been decided.
( ARUN MONGA ) JUDGE February 02, 2023 ashish Whether speaking/reasoned: Yes/No Whether reportable: Yes/No
Page 2 of 2
ASHISH 2023.02.17 15:42 I attest to the accuracy and authenticity of this order/judgment
2 issues framed by the court
Whether the High Court should exercise extraordinary revisional jurisdiction to set aside the impugned order which adjourned an application under Order 39 Rules 1 & 2 CPC.
Whether the delay in filing written statement justifies the adjournment ordered by the Trial Court.
Om Pati and others
Ram Singh and others
Arun Monga
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
